Guidance Search

Whether section 514 of the Employee Retirement Income Security Act of 1974 preempts Colorado licensing requirements and interest limitations that otherwise would apply if the United Bank of Denver, which serves as trustee for one or more unnamed pension trusts and is authorized under the terms of the trusts to make loans to plan participants from the trust assets, makes such a such a loan.

Plan that allows employees to select either cash wages or dependent care expense reimbursement as part of their compensation

Unapproved Plug and Socket Combination. - [1910.303]

Would the Trustees of a jointly administered labor-management Vacation Trust Fund (Vacation Fund) and Pension-Annuity Trust Fund (Pension Fund), engage in one or more prohibited transaction(s) by terminating the Vacation Fund (inactive since June 1975), and, after paying unclaimed benefits from that Fund, transferring remaining funds to the Pension Fund, and, if so, would an agreement to indemnify the Vacation Trust from any harm resulting from the transfer be an exculpatory provision under section 410(a) of the Employee Retirement Income Security Act of 1974.

Would the Trustees of a jointly administered labor-management Vacation Trust Fund (Vacation Fund) and Pension-Annuity Trust Fund (Pension Fund), engage in one or more prohibited transaction(s) by terminating the Vacation Fund (inactive since June 1975), and, after paying unclaimed benefits from that Fund, transferring remaining funds to the Pension Fund, and, if so, would an agreement to indemnify the Vacation Trust from any harm resulting from the transfer be an exculpatory provision under section 410(a) of the Employee Retirement Income Security Act of 1974.

Whether certain new pension investment consulting services by the Equitable Life Assurance Society of the United States (Equitable), violate section 406(b)(1) of the Employee Retirement Income Security Act of 1974 and section 4975(c)(1)(E) of the Internal Revenue Code of 1954 (the Code).

Whether it is not a per se violation of section 406(b)(1) of the Employee Retirement Income Security Act of 1974 or section 4975(c)(1)(E) of the Internal Revenue Code of 1954 for Rogers, Casey & Barksdale, Inc. (RCB), an investment manager to recommend to an employee benefit plan (Plan) that it invest in any RCB-managed funds if RCB discloses the nature of its relationship to the managed fund and provides all other relevant information to an independent plan fiduciary who will, based on such information, independently review the proposed transaction and make the investment decision.

Use of the "hold" switch on audiometers when background noise levels exceed the criteria in Table D-1. - [1910.95 App C; 1910.95 App D]

Use of an Aluminum Pole Jack Scaffold at a 50 foot shoulder working height. - [1910.28; 1926.451]

Paragraph (a)(2) applies to respirators provided for emergency use. - [1910.134(a)(2)]

CPL 02-02-035 [CPL 2-2.35A] - National - 29 CFR 1910.95(b)(1), Guidelines for Noise Enforcement; Appendix A - 12/19/1983

Whether the initial deposit or the maintenance deposit for when-issued trading in AT&T securities would not constitute a plan asset for purposes of Part 4 of Subtitle B of Title I of ERISA;  whether the initial deposit or the maintenance deposit is not required to be held in trust in accordance with section 403(a) of ERISA: and whether a broker-dealer would not become a fiduciary solely by reason of holding the initial deposit or maintenance deposit of a plan trading in when-issued AT&T securities.

Whether a Company and other members of its controlled group may from time to time retain an investment manager which is a lower tier subsidiary of the Company to manage assets of certain qualified employee benefit plans which the Company or any member of its controlled group maintains, or in the future may maintain, and that Investment Manager may be paid reasonable compensation, either from the assets of the Company or the assets of the plans, for performing such investment management services without engaging in a prohibited transaction under section 406 of ERISA.

Administrative exemption does not apply to Lease Coordinator because they lack independent judgement under 541.207

Deductions made from the compensation of an employee who is paid a fixed salary for a variable or fluctuating workweek. Section 778.114 and 778.325

Work in compressed air and underground tunnelling. - [1926.804; 1926.803]

Deductions by employers from cash wages paid to employees to cover cash shortages. Tipped employees act as their own bank.

Whether a broker-dealer will not be deemed a fiduciary under section 3(21)(A)(ii) of ERISA unless the broker-dealer provides investment advice for distinct, non-transactional compensation.

Propane tank installation in passenger-carrying vehicles. - [1910.110(e)(4)(i)]

If Premium compensation paid to employees for special function work performed during non-normal worktime is excusable from the regular rate of pay computation pursuant to Section 7(e)(5)

Testing requirements for piping, valves, and fittings; Testing requirements for piping, valves, and fittings - [1910.106(c)(1)(i); 1910.106(b)(7)]

Whether an insurance company licensed to sell insurance in the U.S. Virgin Islands will meet the requirement in section II(a)(2) of PTE 79-41 that an insurance company covered by the exemption must be licensed to sell insurance "in at least one of the United States or in the District of Columbia."

Whether the Keyes-Fibre Federal Credit Union Pension Trust is covered under title I of ERISA.

Whether the Brunswick/Topsham Water District Pension Plan is covered under title I of ERISA.

Whether the St. John's Brunswick Federal Credit Union Pension Trust, the Loring Federal Credit Union Pension Trust, the BIW Federal Credit Union Pension Trust, the Oxford Federal Credit Union Pension Trust, and the St. Famille Federal Credit Union Pension Trust are covered under title I of ERISA.

Diking requirements for cyanide electroplating baths. - [1910.126(e)]

Informing BAT staff of supervisory duties

Whether the Pipe Fitters Local Union No. 211 Welfare Trust Fund is covered under title I of ERISA.

Employees receiving their paychecks in person or by mail when planning to use the direct bank deposit method. Section 531.34

If there is a Federal law that would prohibit the shipping of the brooms produced by the prison inmates in interstate commerce. Sections 12(a) and 15(a)(1)

Mobile construction scaffolding. - [1926.451]

Whether benefit plans for employees of the Western Interstate Commission for Higher Education are governmental plans within the meaning of section 3(32) of ERISA and, that section 4(b)(1) of ERISA excludes the plans for its employees from coverage under title I of ERISA.

One type of muff and plug available for employee hearing protector selection. - [1910.95(i)(3)]

Whether the Florida Home Builders Health Benefit Trust which provides self-funded, health, and accident benefits with stop-loss coverage to employees of member firms of the Florida Home Builders Association is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA. 

A free standing scaffold shall be considered safe when the total height is equal to or less than four times the minimum or least base dimension. - [1926.451(d)(7)]

If Aquarist-divers and aquatic biologist employed by aqaurium meets 13(a)(1) exemption

Whether the provision of investment management services by Kemper Financial Services to the Master Trust comprised of the assets of plans maintained by Lumbermens Mutual Casualty Company and certain of its affiliated corporations, which includes 54 percent of the outstanding stock of Kemper Corporation, does not constitute a prohibited transaction under section 406 of ERISA. 

The use of self-tripping on hydraulic power presses. - [1910.217]

Whether the Religious Employees Health Care Trust is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and therefore is covered by title I of ERISA.

Whether the Owner-Operator Group Trust Health Plan is an employee welfare benefit plan within the meaning of ERISA section 3(1) and therefore exempt under ERISA section 514(b)(2)(B) from treatment as an "insurance company or other insurer. "

Ear muffs and ear plugs are not both required if one offers protection. - [1910.95(i)(3)]

Employee access to medical records. - [1910.1020]

Whether assets held by insurance companies in certain separate accounts that are maintained solely in connection with fixed contractual obligations of an insurance company are not plan assets for purposes of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Applicability of the noise standard to portable ear muff type radios. - [1910.95]

Whether the Banks of Illinois Insurance Trust, which enables National and state chartered banks and their service corporations in the State of Illinois who are members of three bank trade associations to provide their employees life, health, dental and long-term disability benefits, is an "employee welfare benefit plan" as defined by section 3(1) of ERISA. 

Whether the severance benefits provided by Northern States Power Company constitute an employee welfare benefit plan within the meaning of section 3(1) of ERISA and not an employee pension benefit plan within the meaning of section 3(2) of ERISA.

Whether an Investment Bonus Agreement collectively bargained between Eastern Air Lines, Inc.  and the International Association of Machinists and Aerospace Workers, District 100 is not an employee benefit plan within the meaning of section 3(3) of title I of ERISA.

Interpretation on applicable standards for bulk coal handling facility at a marine terminal. - [1917]

Fall restraint systems for employees building scaffolds in a location where the scaffold that is being built provides the only tie-off point. - [1926.451]

Alternatives to safety glass protected by screening for observation windows, where hard deep-cutting abrasives are used. - [1910.94(a)(3)(i)(d)]

If Onion growing operations are exempt from the overtime premium pay requirements pursuant to Section 13(b)(12).

Whether the furnishing of goods and services by a United Technologies Corporation (UTC) subsidiary for the repair and maintenance of real property acquired by the Plans maintained by UTC and its subsidiaries is not prohibited by section 406(a) of ERISA where the arrangements for the goods and services are made by a tenant under an absolute-net lease for the property and where the lease requires the tenant to repair and maintain the property;  whether services necessary for the maintenance and repair of real property investments that the Plans may acquire qualify as "services necessary for the establishment or operation of the plan …" within the meaning of section 408(b)(2) of ERISA and 29 CFR 2550.408b-2(b); and whether arrangements made with a UTC subsidiary by a tenant under an absolute-net lease or by an independent property manager for maintenance or repair of real property investments of the Plans are not prohibited by section 406(b) of ERISA.

Whether the decision by Plan trustees to select an investment vehicle knowing that such selection would result in the retention of John Hancock Venture Capital Management, Inc. (the Manager), a party in interest, to provide investment and managerial services and the receipt of a management fee by the Manager from John Hancock Mutual Life Insurance Company (John Hancock), the sponsoring employer of the Plan violates section 406(b).

Whether the Collective Bargaining Agreement Clinic Plan and the Collective Bargaining Agreement Blue Cross Plan covering employees working under a collective bargaining agreement between the Bacardi Corporation, San Juan, Puerto Rico and the Congress of Industrial Unions of Puerto Rico are employee welfare benefit plans within the meaning of section 3(1) of title I of ERISA, and clarification of the term “administrator” within the meaning of ERISA section 3(16) as applied thereto.

Clarification on standards for head protection. - [1926.100; 1910.132; 1910.135 ]

OSHA has no specific standards for security guards. - [1910.141]

Whether the New Jersey Society of Certified Public Accountants (NJSCPA) Insurance Trust constitutes an "employee welfare benefit plan" subject to title I of ERISA, and (2) if not, whether an "accounting organization Subscriber" which constitutes an employer within the meaning of section 3(5) of ERISA and whose employees are covered by the NJSCPA Insurance Trust will be considered to be maintaining an employee welfare benefit plan by participating in the NJSCPA Insurance Trust, and whether the Trustees of the NJSCPA are subject to the bonding requirements of section 412 of ERISA or the reporting and disclosure requirements of part 1 of ERISA in the event such an "accounting organization Subscriber" participates in the NJSCPA Insurance Trust. 

Whether the Production Participation Plan of Cibola Energy Corporation which makes yearly payments to individuals from the income from the royalties on certain oil and gas leases is not covered under title I of ERISA.

Citation guidelines in relation to monitoring programs. - [1910.95(d)]

Whether certain procedures for the reporting and valuing of assets deposited with an insurance company in a Guaranteed Investment Contract (GIC) under which both principal and interest would be guaranteed and the accumulated fund payable in a lump sum at the end of a stated period are in accordance with existing reporting requirements of ERISA.

Applicable standards for a body belt and lanyard used by a lineman working from the bucket or aerial boom trucks. - [1926.959]

The use of cranes with work platforms connected (not suspended) from the last section of a crane boom. - [1910.67]

Interpretation of standards applicable to battery storage installations. - [1910.304(f); 1910.305(j)(7)]

Payment plans for a nonexempt driver-deliverymen of a fuel oil distributor.  Employees receive a salary on a fluctuating workweek basis and, in addition, pay the amounts described above for the emergency delivery.

Methods of training for microprocessor audiometer technicians. - [1910.95(c)]

Whether section 1316 of the New York Abandoned Property Law (related to unclaimed insurance proceeds other than life insurance) is preempted under section 514 of title I of ERISA. 

Acceptable materials for fire fighter protective clothing - [1910.156(e)]

Whether the transfer of seed money from Lincoln National Pension Insurance Company's separate accounts to its general account will not, solely by reason of such transfer, be deemed to involve a violation of any of the prohibited transaction restrictions of ERISA, particularly sections 406(a)(1)(A) and (D) and sections 406(b)(1) and (2).

Whether the Salary Continuance Plan (the Program) of Cummins Engine Company (the Company) constitutes a mere payroll practice within the meaning of regulation 29 C.F.R. §2510.3-1(b)(2) and is thus excluded from title I of ERISA.  

The carrier has a contract with a local school district to bus students between their homes and school. The carrier also provides bus service for special school activities such as field trips on an as needed basis section 7(n)

Clarification of 29 CFR 1910.109 as it applies to two kinds of explosive devices used in steel mills. - [1910.109]

Interpretation on refusal to work rights. - [1977]

Interpretation on requirements for insulating rubber gloves in telecommunications work. - [1910.268(n)(1)(i)]

Clarification of the applicable standards for a body belt and lanyard used by an employee working from the bucket of aerial boom trucks. - [1926.959]

Reasonable judgment is needed in evaluating the proximity of required sanitary facilities. - [1910.141(c)]

Whether the Wisconsin Association Insurance Trust is an employee welfare benefit plan covered by title I of ERISA. 

Use of an emergency jog reverse control during mill rescue operations. - [1910.216(e)]

OSHA requirement for guarding power take-off (PTO) shafts on agricultural equipment. - [1928.57]

Employer offering an unpaid pre-shop program to handicapped workers in a sheltered workshop.  The Department considers time spent in rehabilitation services not to be hours worked provided the services are not primarily for the purpose of increasing such worker's productivity on the job.

Hotel employees time spent changing into work clothes is not considered compensable, since the clothes are considered to be furnished for the convenience of the employee. As indicated in section 785.25

Employees engaged in the interstate transportation of motor homes. Receive funds for reimbursement of expenses incurred on behalf of the employer and which are in excess of those expenses actually incurred are wages.

Whether the Weiser Lock Division of Norris Industries Employee Assistance Program (the Assistance Program) is an employee welfare benefit plan within the meaning of section 3(1) of ERISA.

Whether,by reason of section 414(c)(3) of ERISA, section 406 of ERISA would not apply to the sale by the John Hancock Mutual Life Insurance Company’s Separate Account to the Company's general account of certain interests in mortgages and parcels of real estate that are jointly owned by the Separate Account and the general account.

Whether the Voluntary Savings Program of the Louisville Gas and Electric Company (the Savings Program) is an employee pension benefit plan subject to title I of ERISA.

Whether the Audiotronics Profit Sharing Plan (the Plan) is no longer required to engage, pursuant to section 103(a)(3)(A) of ERISA, an independent qualified public accountant to make an examination and report with respect to the financial statements of the Plan.

Whether the professional development programs offered by Main Hurdman & Cranstoun for their professional employees are employee welfare benefit plans covered by title I of ERISA.

Whether it is necessary to engage an independent qualified public accountant for purposes of conducting an examination of the financial statements of the Rebsamen Companies Inc. Employees Pension Plan (the Plan) pursuant to section 103(a)(3)(A) of ERISA.

Employees wish to "volunteer" their personal time to participate in various activities outside their scheduled duty hours.  Time is spent in local charity not connected with the residential care facility would not have to be compensated in accordance with the provisions of the FLSA.

Acceptance of closed-circuit self-contained breathing apparatus. - [1910.156]

Client owns two separately incorporated companies. If mechanics employed by the leasing company would be exempt under section 13(b)(1).

Employer's responsibility when an employee refuses blood lead testing. - [1910.1025(j)]

Proposed cafeteria plan allows employees to select either cash wages or medical expense reimbursement as part of their compensation.  Section 531.40 of 29 CFR Part 531

Whether Shelby County Trust Bank (the Bank) may retain SMC Advisors, Inc. (SMC) to perform investment management and record keeping services for the Bank in the Bank's capacity as trustee for various employee benefit plans whose assets are held by the Bank in the Shelby County Trust Bank Common Trust Fund (the common fund).

NEMA's "Mr. Ouch" labeling system cannot be used in place of signs required by OSHA. - [1910.145; 1926.200]

The safeguarding of piece parts being worked on an outside diameter (O.D.) surface grinder. - [1910.212]

Whether a life insurance payroll deduction program developed by Provident Life & Accident Company (Provident) and United Enterprise Security Corporation (UESC) to be marketed on a group-type basis would constitute an employee welfare benefit plan within the meaning of section 3(1) of ERISA. 

Whether section 4(b)(4) of ERISA title I excludes the Group Pension Scheme (the Plan) for employees and former employees of the London and Manchester Assurance Company, Ltd. (a UK Company), from coverage under title I of ERISA as the Plan is now operated. You also question whether, if applicable, the Department will continue to apply the section 4(b)(4) exclusion to the Plan after a transaction that entails a United States custodian holding Plan assets and a United States investment advisor managing investments on behalf of the Plan trustee. 

Audiometer calibration requirements of the March 8, 1983 Hearing Conservation Amendment. - [1910.95(h)(5)]

Clarification that a safety device to automatically cut off the flow of compressed air applies only to pneumatic power tools. - [1926.302(b)(7)]

Natural or mined asphalts do not fall within the scope of the Coal Tar Pitch Volatiles Standard. - [1910.1002]